Case Law Flashcards
Carter v Boehm (1766)
- UTMOST GOOD FAITH
- Established the PH’s duty of Utmost good fait to;
1. Disclose all material facts to UW’s whether or not PH has been asked.
2. All material representation made to insurers is true.
Utmost good faith case law & act?
- Guthing v Lynn (1766)
- Marine Insurance Act (1906)
Guthing v Lynn (1831)?
- Relates to offer
- Vague statement
- Needs to be stated clearly
- Buyer promised seller extra £5 if horse was lucky
- Court ruled too vague to be enforceable.
Jones v Daniel (1984)?
- Relates to acceptance
- Acceptance must be identical to the offer & not introduce new terms
- Court held that person to whom offer was made, responded by sending out a contract w additional terms - this was counteroffer rather than acceptance
Acceptance case law?
- Jones v Daniel (1984)
Blyth v Birmingham Waterworks Company (1856)?
- TORT - Negligence Definition
- “Negligence is the omission to do something, to do something a reasonable & prudent man would not do.
- Pipes allowed water to escape & flood a mans house during an extreme frost
Negligence definition case?
Blyth v Birmingham Waterworks Company (1856)
Donoghue v Stevenson (1932)?
- Tort - negligence case law - duty of care
- “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would injure your neighbour.”
- Ginger beer bottle & snail. Personal injury.
Duty of care case law?
Donoghue v Stevenson (1932)
Rylands v Fletcher (1868)?
- Nuisance - strict liability
- Someone brings something (dangerous) onto their own land and it escapes may be liable in the absence of any negligent conduct on their part.
Strict liability case?
Rylands v Fletcher (1868)
R V Ghosh (1982)?
- THEFT - Dishonesty test
1. Act was dishonest by the standard of an ordinary and reasonable person &
2. The persons knew that what they were doing was dishonest
Theft case law?
R v Ghosh (1982)
Lawrence J in Lucena v Crawford?
- Insurable interest
- “if the event happens, the party will gain advantage, if frustrated he will suffer a loss.”
Incomplete definition
Moore v Evans (1918)?
- Insurable interest
- Jewellery, not coverable but know where it is - not to say it isn’t being looked after.
- House of lords: policy covers against the loss of goods (physical loss) - did not cover an economic loss or the loss of business opportunity.
Jewellers in London insured their stock of jewellery, goods were sent to Germany & Belgium on a sale or return basis. - War, couldn’t return items back to insured.
Insurable Interest case law?
- Lucena v Crawford
- Moore v Evans (1918)
Froome v Butcher (1976)?
- Contributory negligence
- Claimant injured in car accident, however not wearing seatbelt.
- Damages reduced by 25% to reflect the injuries he suffered were made worse by not wearing seatbelt.
Contributory negligence case law?
Froome v Butcher (1976)
Salmond, Law of Torts?
“a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of trust or other merely equitable obligation”
